Title 5 — Criminal Offenses
54 chapters · 1,112 sections in this title.
Ark. Code Ann. § 5-1-101 Title
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This act shall be known as the “Arkansas Criminal Code”.
Ark. Code Ann. § 5-1-103 Applicability to offenses generally
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(a) The provisions of the Arkansas Criminal Code govern a prosecution for any offense defined by the Arkansas Criminal Code and committed after January 1, 1976. (b) Unless otherwise expressly provided, the provisions of the Arkansas Criminal Code govern a prosecution for any offe…
Ark. Code Ann. § 5-1-104 Territorial applicability
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(a) A person may be convicted under a law of this state of an offense committed by his or her own or another person's conduct for which he or she is legally accountable if:(1) Either the conduct or a result that is an element of the offense occurs within this state;(2) Conduct oc…
Ark. Code Ann. § 5-1-105 Offenses — Court authority not limited
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(a) An offense is conduct for which a sentence to a term of imprisonment or fine or both is authorized by statute. (b) An offense is classified as follows:(1) Felony;(2) Misdemeanor; or(3) Violation. (1) Felony; (2) Misdemeanor; or (3) Violation. (c) Nothing in the Arkansas Crimi…
Ark. Code Ann. § 5-1-106 Felonies
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(a) An offense is a felony if the offense is designated a felony by:(1) The Arkansas Criminal Code; or(2) A statute not a part of the Arkansas Criminal Code. (1) The Arkansas Criminal Code; or (2) A statute not a part of the Arkansas Criminal Code. (b) A felony is classified as f…
Ark. Code Ann. § 5-1-107 Misdemeanors
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(a) An offense is a misdemeanor if the offense is:(1) Designated a misdemeanor by the Arkansas Criminal Code;(2) Designated a misdemeanor by a statute not a part of the Arkansas Criminal Code, except as provided in § 5-1-108; or(3) Not designated a felony and a sentence to impris…
Ark. Code Ann. § 5-1-108 Violations
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(a) An offense is a violation if the offense is designated a violation by:(1) The Arkansas Criminal Code; or(2) A statute not a part of the Arkansas Criminal Code. (1) The Arkansas Criminal Code; or (2) A statute not a part of the Arkansas Criminal Code. (b) Regardless of any des…
Ark. Code Ann. § 5-1-109 Statute of limitations
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(a) (1) A prosecution for the following offenses may be commenced at any time:(A) Capital murder, § 5-10-101;(B) Murder in the first degree, § 5-10-102;(C) Murder in the second degree, § 5-10-103;(D) Rape, § 5-14-103, if the victim was a minor at the time of the offense;(E) Sexua…
Ark. Code Ann. § 5-1-110 Conduct constituting more than one offense — Prosecution
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(a) When the same conduct of a defendant may establish the commission of more than one (1) offense, the defendant may be prosecuted for each such offense. However, the defendant may not be convicted of more than one (1) offense if:(1) One (1) offense is included in the other offe…
Ark. Code Ann. § 5-1-111 Burden of proof — Defenses and affirmative defenses — Presumption
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(a) Except as provided in subsections (b), (c), and (d) of this section, no person may be convicted of an offense unless the following are proved beyond a reasonable doubt:(1) Each element of the offense;(2) Jurisdiction;(3) Venue; and(4) The commission of the offense within the …
Ark. Code Ann. § 5-1-112 Affirmative defense — Former prosecution for same offense
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(1) A former prosecution is an affirmative defense to a subsequent prosecution for the same offense under any of the following circumstances:(1) (A) The former prosecution resulted in an acquittal.(B) (i) There is an acquittal if the former prosecution resulted in a determination…
Ark. Code Ann. § 5-1-113 Affirmative defense — Former prosecution for different offense
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(1) A former prosecution is an affirmative defense to a subsequent prosecution for a different offense under the following circumstances:(1) The former prosecution resulted in an acquittal or in a conviction as set out in § 5-1-112, and the subsequent prosecution is for:(A) Any o…
Ark. Code Ann. § 5-1-114 Affirmative defense — Former prosecution in another jurisdiction
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(1) When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state or territory of the United States, a prosecution in any such other jurisdiction is an affirmative defense to a subsequent prosecution in this state u…
Ark. Code Ann. § 5-1-115 Former prosecutions that are not affirmative defenses
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(1) A former prosecution is not an affirmative defense within the meaning of §§ 5-1-112 — 5-1-114 under any of the following circumstances:(1) The former prosecution was before a court that lacked jurisdiction over the defendant or the offense;(2) The former prosecution was procu…
Ark. Code Ann. § 5-1-116 [Repealed.]
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A.C.A. § 5-1-116Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 5-1-125 [Repealed.]
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A.C.A. § 5-1-125Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved